Notice of Failure to Perform Sample Clauses

Notice of Failure to Perform. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or of the failure of the Company to satisfy any condition to borrowing hereunder unless the Agent has received written notice from a Lender or the Company referring to this Agreement, describing such Default or failure and stating that such notice is a "notice of failure to perform its obligations". In the event that the Agent receives such a notice, the Agent shall promptly provide copies of such notice to the Lenders. In the case of any Default, the Agent shall take such action with respect to such Default as shall be reasonably directed by the Lenders, provided, however, that unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action for the protection and preservation of the Collateral as it shall deem advisable in the best interests of the Lenders. Each Lender agrees that it shall not make any demand for repayment of any amounts payable to such Lender hereunder unless each Lender agrees to make a demand for repayment of all amounts payable to such Lender. Prior to taking any such actions, the Lenders shall consult with each other and the Agent to determine the general plan of action and the steps to be taken in connection with such action, and they shall continue to consult with one another with respect thereto.
AutoNDA by SimpleDocs
Notice of Failure to Perform. If any of the Parties to this MOU, are dissatisfied with the performance of any of the obligations imposed on the other Parties under the terms of this Memorandum, the dissatisfied Parties shall give written notice to the non-performing Parties of the duties which the dissatisfied parties believes have not been performed. The non-performing Parties shall have 10 days in which to correct any failure to perform the duties so specified or to communicate with the dissatisfied Parties to resolve any disagreement between the Parties. Scope of Agreement This MOU incorporates all the agreements, covenants, and understandings between the Parties hereto concerning the subject matter hereof, and all such covenants, agreements and understandings have been merged into this MOU. No prior agreement or understandings verbal or otherwise, of the Parties or their agents shall be valid or enforceable unless embodied in this MOU.
Notice of Failure to Perform. In addition to any other penalties or remedies available to City or provided under this Agreement or by law, City will give written notice to Contractor for failure to perform any other services and terms of this Agreement. In the notice, City shall also identify any allowable Contractor period of compliance.
Notice of Failure to Perform. Promptly (and in any event within 5 days after the occurrence thereof) notify the Lenders of any failure by Borrower to perform or observe any Obligation.
Notice of Failure to Perform. If either of the Parties to this MOU is dissatisfied with the performance by the other Party of any obligations imposed under the terms of this MOU, the dissatisfied Party shall request in writing that its grievance(s) be placed on the monthly meeting agenda of the SBHC Collaborative Team meeting for discussion, action and resolution. The performing Party shall have 10 working days in which to correct any failure to perform the duties so specified or to communicate with the dissatisfied Party, and/or to resolve any disagreement between the Parties. Scope of Agreement This MOU incorporates all the agreements, covenants and understandings between the Parties hereto concerning the subject matter hereof, and all such covenants, agreements and understandings have been merged into this MOU.
Notice of Failure to Perform. If either of the Parties to this MOA is dissatisfied with the performance by the other Party of any obligations imposed under the terms of this MOA, the dissatisfied Party shall request in writing that its grievance(s) be placed on the monthly meeting agenda of the SBHC collaborative team meeting for discussion, action and resolution. The performing Party shall have 10 working days in which to correct any failure to perform the duties so specified or to communicate with the dissatisfied Party, and/or to resolve any disagreement between the Parties. The grievance procedure will be executed in accordance with the SBHC Non-Performance Policy and Procedure. Scope of Agreement This MOA incorporates all the agreements, covenants and understandings between the Parties hereto concerning the subject matter hereof, and all such covenants, agreements and understandings have been merged into this MOA.
Notice of Failure to Perform. If either of the Parties to this Agreement is dissatisfied with the performance of any of the obligations imposed on the other Party under the terms of this Agreement, the dissatisfied Party shall give written notice to the non-performing Party of the duties which the dissatisfied Party believes have not been performed. The non-performing Party shall have ten (10) days in which to correct any failure to perform the duties so specified or to communicate with the dissatisfied Party to resolve any disagreement between the Parties.
AutoNDA by SimpleDocs

Related to Notice of Failure to Perform

  • Failure to Perform In the event of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.

  • Lenders’ Failure to Perform All Advances (other than Swing Loans and Agent Advances) shall be made by the Lenders contemporaneously and in accordance with their Pro Rata Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Advance (or other extension of credit) hereunder, nor shall any Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligations hereunder, and (ii) no failure by any Lender to perform its obligations hereunder shall excuse any other Lender from its obligations hereunder.

  • Failure to Perform Obligations In the event Business Associate fails to perform its obligations under this Agreement, Covered Entity may immediately discontinue providing PHI to Business Associate. Covered Entity may also, at its option, require Business Associate to submit to a plan of compliance, including monitoring by Covered Entity and reporting by Business Associate, as Covered Entity in its sole discretion determines to be necessary to maintain compliance with this Agreement and applicable law.

  • Continue to Perform No resignation or removal of the Administrator will be effective, and the Administrator will continue to perform its obligations under this Agreement, until a successor Administrator has accepted its engagement according to Section 3.5(b).

  • Failure to Fulfill Conditions In the event that either of the parties hereto determines that a condition to its respective obligations to consummate the transactions contemplated hereby cannot be fulfilled on or prior to the termination of this Agreement, it will promptly notify the other party.

  • Termination for Failure to Pay If Company fails to make any payment due hereunder, Hospital shall have the right to terminate this Agreement upon ten (10) business days written notice, unless Company makes such payments plus any interest due, as set forth in Section 4.7, within said ten (10) day notice period. If payments are not made, Hospital may immediately terminate this Agreement at the end of said ten (10) day period. Company shall be entitled to only one such cure period in a calendar year; for a second failure to make payment on time, Hospital shall have the right to terminate this Agreement immediately upon written notice.

  • Failure to Notify If Contractor fails to specify in writing any problem or circumstance that materially affects the costs of its delivery of services or products, including a material breach by the Department, about which Contractor knew or reasonably should have known with respect to the period during the term covered by Contractor's status report, Contractor shall not be entitled to rely upon such problem or circumstance as a purported justification for an increase in the price for the agreed upon scope.

  • Nonperformance As used in this Contract, “failure to perform” means failure, for whatever reason, to deliver goods and/or perform work as specified and scheduled in this Contract. If Contractor fails to perform under this Contract, then District, after giving seven days’ written notice and opportunity to cure to Contractor, has the right to complete the work itself, to obtain the contracted goods and/or services from other contractors, or a combination thereof, as necessary to complete the work. Both parties agree that Contractor shall bear any reasonable cost difference, as measured against any unpaid balance due Contractor, for these substitute goods or services.

  • Failure to Cure If DSHS learns of a pattern or practice of the Business Associate that constitutes a violation of the Business Associate’s obligations under the terms of this Contract and reasonable steps by DSHS do not end the violation, DSHS shall terminate this Contract, if feasible. In addition, If Business Associate learns of a pattern or practice of its Subcontractors that constitutes a violation of the Business Associate’s obligations under the terms of their contract and reasonable steps by the Business Associate do not end the violation, Business Associate shall terminate the Subcontract, if feasible.

  • Warranty of Ability to Perform The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Customer in writing if its ability to perform is compromised in any manner during the term of the Contract.

Time is Money Join Law Insider Premium to draft better contracts faster.